CLA-2-61:OT:RR:NC:3:353

Ms. DeeDee DeSmet
Adidas® Group
5505 N Greely
Portland, OR 97217

RE: The tariff classification of swimwear from China. Correction to Ruling Number N028075.

Dear Ms. DeSmet:

This replaces Ruling Number N028075, dated June 9, 2008, which contained a typographical error. An incorrect style number is being replaced by the proper one. A complete corrected ruling follows.

The submitted sample, Style F8140092, is a men’s knit swim boxer constructed of knit 80% nylon, 20% elastane fabric that is chlorine proof. The form-fitting boxer-style garment features an elasticized waistband through which a drawcord is threaded, lightweight nylon tricot lining at the front and gusset, 8-inch inseam and an elasticized leg hem with rubber grippers to prevent the leg from riding up. The garment is designed, constructed and marketed as swimwear.

The applicable subheading for Style F8140092 will be 6112.31.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear, knitted or crocheted: men’s or boys’ swimwear: of synthetic fibers, men’s. The duty rate will be 25.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style F8140092 falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division